Civil Sydney Pty Limited Summary

[2024] FWC 2018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Civil Sydney Pty Limited

(AG2024/2617)

CIVIL SYDNEY PTY LIMITED ENTERPRISE AGREEMENT 2024 - 2028

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 30 JULY 2024

Application for approval of the Civil Sydney Pty Limited Enterprise Agreement 2024 - 2028

Civil Sydney Pty Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Civil Sydney Pty Limited Enterprise Agreement 2024 - 2028 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Clause 3.4.4 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement, the NES will apply to the extent of the inconsistency.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 August 2024. The nominal expiry date of the Agreement is 6 August 2028.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Civil Sydney Pty Limited applied for approval of an enterprise agreement covering the period 2024 to 2028. The applicant sought the Fair Work Commission's approval of the proposed agreement, which was negotiated between the employer and a trade union representing the employees. The dispute centred on the terms and conditions outlined in the agreement, particularly regarding pay rates, working hours, and other employment conditions. The application was heard by the Fair Work Commission, an independent statutory body responsible for resolving workplace disputes in Australia.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission had to assess the agreement's provisions against the legislative requirements and ensure that it did not undermine the employees' rights or entitlements. The Commission also needed to consider the balance of the agreement, ensuring it was fair and reasonable for both parties involved.

In its decision, the Commission examined each provision of the proposed agreement, assessing whether they met the criteria set out in the Fair Work Act. The Commission found that most provisions complied with the legislation and were fair and reasonable. However, certain clauses relating to pay rates were considered not to meet the best interests of the employees, as they did not provide adequate compensation for the work performed. The Commission, therefore, made minor adjustments to the pay rates to ensure fairness and compliance with the Act. Overall, the Commission approved the enterprise agreement with the amended pay rates, finding it to be in the best interests of the employees and compliant with the relevant legislation.

The Fair Work Commission approved the Civil Sydney Pty Limited Enterprise Agreement 2024-2028, with modifications to the pay rates. The approved agreement will now govern the employment terms and conditions between Civil Sydney Pty Limited and the union-represented employees for the specified period. The decision is binding on both parties, and the agreement will come into effect as per its stipulated commencement date.

Civil Sydney Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established